How To Petition The Immigrating Spouse of U.S. Citizen?

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Ifyou are the spouse of a US citizen, you may immigrate to the UnitedStates through family based immigration. To immigrate to the UnitedStates, you must be sponsored by your US citizen spouse. Your spousewho is a US citizen, must file the USCIS Form I-30, Petition forAlien Relative, in order to sponsor an immigrant visa with which youmay enter the United States. In order to be eligible for a marriagevisa, you must prove that you are a legally wedded husband or a wifeof the US Citizen. With a marriage visa, the foreign spouse of a UScitizen or a lawful permanent resident may immigrate to the UnitedStates.
Thespouse of a US citizen is considered to be an immediate relative andthere is no annual limit in the numbers visas issued to immediaterelatives of US citizens. If the foreign spouse of the US citizen isalready in the United States in some other non-immigrant category,the foreign spouse may adjust status to permanent resident status byfiling Form I-485, Application to Adjust Status to Permanentresident, at the same time while the US citizen spouse files FormI-130, Petition for Alien relative. Through adjustment of status, theforeign spouse who is in the United States as a non-immigrant, maybecome a permanent resident.

If theUS citizen wishes to sponsor an immigrantvisa for a spouse who is abroad, the US citizen may first fileForm I-130, for the foreign spouse. After approval of the petition,USCIS will work with the US Consulate or Embassy, in the countrywhere the foreign spouse lives. After the process is complete andafter filling the necessary forms, the foreign spouse must apply foran immigrant visa at the US Embassy or Consulate, in the countrywhere she lives. On obtaining an immigrant visa, the foreign spousemay enter the United States with that visa and she may become apermanent resident.

FilingForm I-130
Asa US citizen, while you file Form I-130, you must submit certainother documents as supporting evidence. You must submit copies ofdocuments such as your US passport in order to prove that you are aUS citizen. To establish your relationship with your foreign spouseand to prove that your marriage is genuine, you must submit copies ofyour marriage certificate. You may be required to provide copies ofcertain other documents to establish that your marital status isauthentic. You must also make all efforts to prove that you had notentered into the marriage just for immigrationpurposes.
Fillout the form completely, without missing or concealing any importantinformation. As the form consists of three parts make sure that youmention the relationship between you and the beneficiary in theSection A, details about yourself such as your name, address and dateof birth in Section B and the details about the beneficiary inSection C. You must also complete and sign Form I-864, Affidavitof Support, to demonstrate that you will accept the legalresponsibility to financially support your spouse for whom yousponsor an immigrant visa to immigrate to the United States. Anaffidavit of support is required to show that the foreign spouse whois seeking a marriagevisa to immigrate to the United States has enough financialsupport and that the spouse may not become a public charge.